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Immigration law is one of the most
complicated areas of U.S. law. No one person, including lawyer, can know
all. Your decision in selecting your immigration attorney can be to get
a green card within a year or be forced to leave the United States. If
you are intending to hire a lawyer, following resources are very helpful
for you to make a decision before you choose a lawyer:
When should you need to see a lawyer?
1.
You are arrested or accused
of a crime;
2.
A lawsuit is brought against
you;
3.
You are unable to resolve
issues with a government agency, such as tax, immigration, social
security, workers compensation or veteran¡¦s or pension benefits;
4.
Someone does not
satisfactorily perform work or serves or fails to honor guarantees or
warranties. These service providers could include professionals such as
lawyers, accountants and doctors, as well as others; and
5.
Someone refuses to pay you
funds to which you believe you are entitled, or tries to collect funds
you believe you don¡¦t owe.
How do you choose a lawyer?
1.
Does the lawyer have
experience with this kind of problem?
2.
Does the lawyer charge for
an initial interview? If so, what is the charge? Most lawyers have a fee
for a first office visit that is within the financial means of most
people. This visit does not obligate you to hire the lawyer.
3.
If you believe your problem
is routine: Does the lawyer have a standard fee for this kind of
problem? What does the fee cover?
4.
If your problem is more
complicated or the lawyer does not have a standard fee: What is the
lawyer's hourly fee?
5.
Does the lawyer provide a
written agreement describing fees and services provided for the fees?
6.
Does the lawyer specialize
and/or experience in your type of problem?
7.
Does the lawyer or one of
his/her associates be handling your case?
8.
Does the lawyer regularly
contact you about your case¡¦s status?
9.
Will you be provided with
copies of important documents, and will there be a charge for those
documents?
10.
Will you be able to make the
final decision on your case?
11.
What is the lawyer¡¦s
estimate of time needed to complete your case?
There are several manners in choosing a
lawyer to represent you:
1.
Attorney public records
- Check an attorney's official bar membership record (address, phone
number, discipline history, etc.) on the State Bar's Web site. It is
important, before hiring any lawyer, to contact the lawyer disciplinary
agency in the state where the lawyer maintains a business address to
confirm that the individual is in good standing as a member of the bar.
2.
Recommendations
¡X Friends, co-workers, employers and even other lawyers can often offer
recommendations. Business people or professionals such as bankers,
ministers, doctors, social workers and teachers are also good sources.
3.
Certified lawyer referral
services ¡X Look in the Yellow Pages of
the local telephone directory for a list of State Bar-certified lawyer
referral services. In addition, check the listings at the beginning of
the ¡§Attorneys¡¨ listings, or contact the local bar association. A list
of certified lawyer referral services can be found on the State Bar's
Web site.
4.
Certified Legal
Specialists ¡X The State Bar maintains a
list of attorneys who are certified specialists in particular areas of
law. A list of Certified Legal Specialists can be found on the State
Bar's Web site.
After attorney-client relationship
established which usually occurs when you sign a retainer agreement and
pay a certain amount of attorney, you should have the rights as client.
1. You are entitled to be treated with
courtesy and consideration at all times by your lawyer and the other
lawyers and personnel in your lawyer¡¦s office.
2. You are entitled to an attorney
capable of handling your legal matter competently and diligently, in
accordance with the highest standards of the profession. If you are not
satisfied with how your matter is being handled, you have the right to
withdraw from the attorney-client relationship at any time (court
approval may be required in some matters and your attorney may have a
claim against you for the value of services rendered to you up to the
point of discharge).
3. You are entitled to your lawyer¡¦s
independent professional judgment and undivided loyalty uncompromised by
conflicts of interest.
4. You are entitled to be charged a
reasonable fee and to have your lawyer explain at the outset how the fee
will be computed and the manner and frequency of billing. You are
entitled to request and receive a written itemized bill from your
attorney at reasonable intervals. You may refuse to enter into any fee
arrangement that you find unsatisfactory. In the event of a fee dispute,
you may have the right to seek arbitration; your attorney will provide
you with the necessary information regarding arbitration in the event of
a fee dispute, or upon your request.
5. You are entitled to have your
questions and concerns addressed in a prompt manner and to have your
telephone calls returned promptly.
6. You are entitled to be kept informed
as to the status of your matter and to request and receive copies of
papers. You are entitled to sufficient information to allow you to
participate meaningfully in the development of your matter.
7. You are entitled to have your
legitimate objectives respected by your attorney, including whether or
not to settle your matter (court approval of a settlement is required in
some matters).
8. You have the right to privacy in your
dealings with your lawyer and to have your secrets and confidences
preserved to the extent permitted by law.
9. You are entitled to have your
attorney conduct himself or herself ethically in accordance with the
Code of Professional Responsibility.
10. You may not be refused representation
on the basis of race, creed, color, age, religion, sex, sexual
orientation, national origin or disability.
Reciprocal trust, courtesy and respect are
the hallmarks of the attorney-client relationship. Within that
relationship, the client looks to the attorney for expertise, education,
sound judgment, protection, advocacy and representation. These
expectations can be achieved only if the client fulfills the following
responsibilities:
1. The client is expected to treat the
lawyer and the lawyer's staff with courtesy and consideration.
2. The client's relationship with the
lawyer must be one of complete candor and the lawyer must be apprised of
all facts or circumstances of the matter being handled by the lawyer
even if the client believes that those facts may be detrimental to the
client's cause or unflattering to the client.
3. The client must honor the fee
arrangement as agreed to with the lawyer, in accordance with law.
4. All bills for services rendered which
are tendered to the client pursuant to the agreed upon fee arrangement
should be paid promptly.
5. The client may withdraw from the
attorney-client relationship, subject to financial commitments under the
agreed to fee arrangement, and, in certain circumstances, subject to
court approval.
6. Although the client should expect
that his or her correspondence, telephone calls and other communications
will be answered within a reasonable time frame, the client should
recognize that the lawyer has other clients equally demanding of the
lawyer's time and attention.
7. The client should maintain contact
with the lawyer, promptly notify the lawyer of any change in telephone
number or address and respond promptly to a request by the lawyer for
information and cooperation.
8. The client must realize that the
lawyer need respect only legitimate objectives of the client and that
the lawyer will not advocate or propose positions which are
unprofessional or contrary to law or the Lawyer's Code of Professional
responsibility.
9. The lawyer may be unable to accept a
case if the lawyer has previous professional commitments which will
result in inadequate time being available for the proper representation
of a new client.
10. A lawyer is under no obligation to
accept a client if the lawyer determines that the cause of the client is
without merit, a conflict of interest would exist or that a suitable
working relationship with the client is not likely.
Sources:
American Bar Association,
State
Bar of Texas,
State Bar of California, and
New York State Bar
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